The U.S. on Monday allowed a challenge by an death row inmate who sued months before surviving a botched execution claiming that the state's troubled lethal injection process would violate constitutional protections against cruel and unusual punishment.In an unusual case that has returned to the justices because the execution of convicted murderer Kenneth Smith failed, they turned away an appeal by Alabama officials of a lower court's decision to revive his lawsuit seeking to block the state from putting him to death through lethal injection. Smith instead is seeking to be executed using Nitrogen gas.
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